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	Statutory Instruments made by the National Assembly for Wales
You are here: BAILII >> Databases >> Statutory Instruments made by the National Assembly for Wales >> The Children's Commissioner for Wales (Appointment) (Amendment) Regulations 2007 No. 1049 (W.107) URL: http://www.bailii.org/wales/legis/num_reg/2007/20071049e.html

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the Commissioner ("y Comisiynydd") means the Children's Commissioner for Wales [2];

the First Secretary” ("y Prif Ysgrifennydd") means the person elected from time to time as the Assembly First Secretary pursuant to section 53(1) of the Government of Wales Act 1998[3];

“the First Minister ("y Prif Weinidog") means the person appointed from time to time as the First Minister for Wales under section 46 of the Government of Wales Act 2006[4];

"the initial period" ("y cyfnod cychwynnol") means the initial period as defined in section 161(5) of the Government of Wales Act 2006;

"relevant children" ("plant perthnasol") means such children resident in Wales as are selected for the purposes of a particular appointment in such a manner—

(a) as the relevant committee may determine in accordance with the terms of reference of the committee, or

(b) in the absence of such a determination, as the First Secretary may determine;

"relevant committee" ("pwyllgor perthnasol") means such a committee as may be established from time to time by the National Assembly for Wales under section 54(1)(b) of the Government of Wales Act 1998 for the purpose of providing advice and determining matters relating to the appointment of the Commissioner.

    (4) In these Regulations, a reference —

(a) to a numbered regulation is to the regulation in these Regulations bearing that number;

(b) in a regulation to a numbered paragraph, is to the paragraph in that regulation bearing that number.

Amendment of the Children's Commissioner for Wales (Appointment) Regulations 2000
     2. The Children's Commissioner for Wales (Appointment) Regulations 2000[5] is amended in accordance with regulations 3 to 6 of these Regulations.

     3. In regulation 1 (2), in the interpretation section, add the following definitions in the appropriate place in accordance with the alphabet:—

"the First Minister" ("y Prif Weinidog") means the person appointed from time to time as the First Minister for Wales under section 46(1) of the Government of Wales Act 2006[6];

"the initial period" ("y cyfnod cychwynnol") means the initial period as defined in section 161(5) of the Government of Wales Act 2006.

     4. The following regulation is substituted for regulation 2:—

" Appointment of the Commissioner
     2. —(1) Until the end of the initial period, the Commissioner may be appointed by the First Secretary.

    (2) The appointment of the Commissioner under paragraph (1) may be made only after taking into account of—


(a) the advice of a relevant committee,

(b) the views of relevant children as to any candidates interviewed for the appointment, and

(c) the advice of any selection panel, established for the purpose of interviewing candidates, as to their suitability for appointment.



    (3) Following the end of the initial period, the Commissioner may be appointed by the First Minister.

    (4) The appointment of the Commissioner under paragraph (3) may be made only after taking into account .of—



(a) the views of relevant children as to any candidates interviewed for the appointment, and

(b) the advice of any selection panel, established for the purpose of interviewing candidates, as to their suitability for appointment.



    (5) Subject to regulation 3, the term of office of the Commissioner appointed under these Regulations must be seven years.

    (6) The Commissioner is not eligible for re-appointment upon the expiry or earlier termination of the term of office."

     5. The following regulation is substituted for regulation 3:—

     " 3. —(1) Until the end of the initial period the First Secretary may relieve the Commissioner of office prior to the expiry of the term of office—


(a) at the request of the Commissioner,

(b) on the ground of misbehaviour,

(c) on being satisfied that the Commissioner is incapable by reason of mental or physical infirmity of performing the Commissioner's functions.



    (2) Following the end of the initial period any functions that were exercisable immediately before the end of the initial period by the First Secretary under paragraph (1) may be exercised by the First Minister."

     6. Add the following regulation after regulation 4.—(1)

    " (2) Anything which is done by the First Secretary under these Regulations is to be regarded after the end of the initial period as if done by the First Minister."

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[7]


D. Elis-Thomas
The Presiding Officer of the National Assembly for Wales

27 March 2007

[2] The Office of the Children's Commissioner for Wales is established by section 72(1) of the Care Standards Act 2000back

[3] 1998 c.38back

[4] 2006 c.32back

[5] 2000/3121 (W.199)back

[6] 2006 c.32.back

[7] 1998 c.38.back

 © Crown copyright 2007